Balance of probabilities

In the law of evidence, the degree of certainty with which contested facts must be established in order to be accepted as proved. In civil proceedings, the contested facts must be proved on the balance of probabilities. In criminal trials, the prosecution must prove its case beyond reasonable doubt, a greater test of proof.

In the law of evidence, the degree of certainty with which contested facts must be established in order to be accepted as proved. In civil proceedings, the contested facts must be proved on the balance of probabilities. In criminal trials, the prosecution must prove its case beyond reasonable doubt, a greater test of proof.
 
It is the weighing up or comparison of competing possibilities. A fact is proved to be true on the balance of probabilities if its existence is more probable than not, or if it is established by a preponderance of probability. See Reifek v McElroy (1965) 112 CLR 517; Briginshaw v Bruginshaw (1938) HCA 34.
 
Matters relating to contracts of employment, or matters such as unfair dismissal and unlawful termination, are determined on the facts proved on the balance of probabilities.
 

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